Notable Cases
We successfully defended a junior Lieutenant aviator in the infamous Tailhook case. The case, actually, never went to trial as the military judge granted the defense’s motion to dismiss due to unlawful command influence. The government did not appeal the ruling of the court and, thus, the case was dismissed. This case was fully litigated on motions and included an interlocutory appeal to the United States Court of Military Appeals( now called the United States Court of Appeals for the Armed Forces) on an issue of immunity.
Mr. Kmetz has defended two juveniles charged with capital murder. One of the cases involved a brutal murder wherein the Commonwealth sought the death penalty. In that case, Mr. Kmetz was able to convince the prosecution not to seek the death penalty a mere four days prior to the commencement of the trial.
The other juvenile capital murder case involved the robbery of a drug dealer who was shot and killed. The prosecution was insistent in going forward on the capital charge; however, after a number of pre-trial motions were litigated, the prosecution relented and offered a plea agreement to a lesser charge.